The Board has determined that the Veteran's right-side paralysis and dysphagia were not reasonably foreseeable outcomes of the June 2004 cervical diskectomy and fusion surgery by VA, thus granting compensation under 38 U.S.C.A. § 1151.
The deciding factor: A reasonable health care provider would not have considered the additional impairment to be an ordinary risk of the treatment provided.
- Claimed conditions
- partial right-side paralysis, dysphagia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2012
- Citation
- 1229630
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1229630.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
- Granted
The Board has granted service connection for hiatal hernia with gastritis and dysphagia, finding that these conditions are related to the Veteran's active duty service.
- Remanded (sent back)
The Board has remanded the case due to incomplete medical records and a duty to assist error. The Veteran's gastrointestinal disorder claim will be reconsidered with the inclusion of all relevant private medical records.
- Granted
The Board has granted the Veteran's claim for service connection for hiatal hernia with gastroesophageal reflux disease (GERD), dysphagia, and mild esophageal dysmotility. The evidence supports a finding that these conditions are related to his military service.
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